(a) The executive director may grant approval authority
to a municipality that requests approval authority and meets the requirements
in Texas Water Code, §26.034(d).
(b) The executive director may not require plans and
specifications for a collection system that transports domestic wastewater
to be submitted for approval from:
(1) a municipality that has been granted approval authority
by the executive director under authority of Texas Water Code, §26.034(d),
if the plans and specifications are prepared by a private engineering
consultant and a review is conducted by an engineer who is an employee
of or consultant to the municipality not affiliated with the private
engineering consultant that prepared the plans and specifications
under review; or
(2) an entity that is required by local ordinance to
submit the plans and specifications to a municipality that has been
granted approval authority by the executive director for review and
approval under authority of Texas Water Code, §26.034(d).
(c) If a municipality seeks to perform technical reviews
of collection systems, the municipality must submit a map or maps
to the executive director delineating the municipality's jurisdictional
boundaries for the area where it is seeking approval authority at
least 30 days before commencing review of plans and specifications.
(d) The municipality shall submit a revised map or
maps to the executive director identifying jurisdictional boundary
changes at least 30 days prior to any proposed change.
(e) If a municipality ends its review authority, the
municipality shall provide written notice to the executive director
at least 30 days prior to ending municipal reviews.
(f) A municipality's review and approval program must
incorporate the following requirements:
(1) the municipality's review and approval process
shall ensure compliance with all the applicable rules of this chapter;
(2) the municipality may only review and approve engineering
reports and plans and specifications for projects that transport domestic
wastewater within the jurisdictional boundaries of that municipality;
(3) the municipality shall issue a written approval
document that includes the details of each project approved for construction
and all variances approved; and
(4) the municipality shall maintain complete files
of all review and approval activities.
(g) The executive director may perform periodic audits
of a municipality's review and approval program to ensure that the
review process and approved projects comply with this chapter.
(1) The executive director shall provide written notice
of a pending audit to a municipality a minimum of five business days
prior to beginning an audit.
(2) The municipality shall make all files relating
to its review and approval activities under this chapter available
to the executive director, and shall maintain files for the life of
each project.
(3) The municipality shall make documentation of all
agreements between private consultants and the municipality that relate
to its review and approval activities under this chapter available
to the executive director.
(h) If the executive director finds, through review
of specific projects or through audit of a municipality's review and
approval program, that a municipality's review and approval program
does not provide for compliance with the minimum design and installation
requirements detailed in this chapter, the municipality must achieve
compliance within a time frame established by the executive director.
(i) If the municipality does not achieve the required
compliance within the time frame established by the executive director,
the commission may revoke the review authority of a municipality.
If the commission revokes the municipality's approval authority, subsections
(j), (k), (l), and (m) of this section apply.
(j) The executive director shall notify a municipality
in writing of the intention to revoke the municipality's approval
authority and shall include a justification for revoking the authority.
(k) If the executive director revokes the approval
authority of a municipality, all new projects proposed to be constructed
within that municipality's jurisdiction must be submitted to the executive
director in accordance with §217.6 of this title (relating to
Submittal Requirements and Review Process).
(l) If the executive director revokes the approval
authority of a municipality, the municipality shall return all subsequently
submitted plans and specifications in its jurisdiction and notify
any applicants of the requirement to seek approval from the executive
director.
(m) If the executive director revokes the approval
authority of a municipality, owners of a project whose plans and specifications
were already approved by the municipality are not required to seek
approval from the executive director.
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